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Tag Archives: Judge Robert E. Payne

Bon Mots: July 2018 Edition (access required)

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

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EDVA: Court won’t seal trial records containing proprietary info (access required)

A company waived the confidentiality of its business information presented at trial. First Amendment principles and the company’s failure to follow Local Rule 5(C) also weighed against sealing the records. Background In this products liability action, a jury trial was ...

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EDVA: Misappropriation damages present jury issues (access required)

A company seeking damages for misappropriation of trade secrets will be able to offer, through its expert, alternative methods among which the jury can choose to calculate an award. Damage calculations Cross-plaintiff JELD-WEN seeks damages only for Cross-defendant Steves & ...

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Truck driver badly hurt after tire failed – $37,835,259.23 Verdict (access required)

Robert Benedict, the plaintiff, had been employed as a commercial truck driver for a company named Essex Concrete. On Nov. 14, 2014, plaintiff departed on his route for the day, which involved driving a fully loaded cement mixer to a ...

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EDVA: Despite damning email, no spoliation sanctions (access required)

Although the defendant recovered an email advising the plaintiff to destroy relevant evidence, it was not apparent that the plaintiff followed that advice, and the defendant was able to recover most or all electronically-stored information at issue. Background Plaintiff Steves ...

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EDVA: Habeas petitioner shows ineffective assistance (access required)

A defendant convicted of second-degree murder, malicious wounding, and two counts of using a firearm in the commission of a felony showed that his trial counsel never conveyed a favorable plea deal that had been offered by the Commonwealth, despite ...

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EDVA: Court won’t reconsider contributory negligence (access required)

The defendants were not entitled to reconsideration of the court’s decision to grant summary judgment to the plaintiff on the issue of his contributory negligence, as their proposed grounds amounted to mere disagreement with the court’s earlier conclusions. Background In ...

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